Nugent v. Ashcroft, 367 F.3d
162 (3d Cir. May 7, 2004) (Pennsylvania conviction of theft
by deception, in violation of 18 Pa. Cons. Stat. Ann. § 3922(a),
with an indeterminate sentence from a minimum of six months
to a maximum of 23 months, does not trigger removal as an
aggravated felony fraud conviction under INA § 101(a)(43)(M)(i),
8 U.S.C. § 1101(a)(43)(M)(i), since the loss to the victim
was under $10,000, and because it is a hybrid offense, as
a theft offense as well as a fraud offense, it must qualify
as an aggravated felony under both categories or it does not
trigger removal).